Safety Management Council Regulatory Update 9/25/2018 www.texastrucking.com 1
9/25/2018 www.texastrucking.com 2
In Vehicle Information User manual describing how to operate the ELD/AOBRD Card should indicate if it is an ELD or AOBRD An adequate supply of blank RODS sufficient to record duty status and related information THIS CAN BE ELECTRONIC IN NATURE (ELD FAQ Document) 9/25/2018 www.texastrucking.com 3
Texas Adoption of ELD ELD mandate is in effect for interstate operations (unless exempted) ELD use is allowed but not required for intrastate operations Effective December 16, 2019, ELD use will be required intrastate (unless exempted) 9/25/2018 www.texastrucking.com 4
Personal Conveyance (PC) Update 9/25/2018 www.texastrucking.com 5
Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. Focus on the purpose of the movement 9/25/2018 www.texastrucking.com 6
Personal conveyance is not new, this updates the 1998 guidance. Does not establish a mileage restriction on personal conveyance Does not alleviate the responsibility of the motor carrier and driver from operating the CMV safely Driver and vehicle are still subject to the regulations 9/25/2018 www.texastrucking.com 7
Question 26: Under what circumstances may a driver operate a CMV as personal conveyance? 9/25/2018 www.texastrucking.com 8
May record PC time as off-duty when the driver is relieved from work and all responsibility for performing work by the motor carrier. 9/25/2018 www.texastrucking.com 9
CMV may be laden since the load is not being transported for the commercial benefit of the carrier. 9/25/2018 www.texastrucking.com 10
Carriers may establish PC policies either within the scope of the guidance or more restrictive including a mileage limit. 9/25/2018 www.texastrucking.com 11
Qualifies as PC Examples Provided in the Guidance Time spent traveling from a driver s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities. 9/25/2018 www.texastrucking.com 12
Qualifies as PC May record PC time as off-duty when the driver is relieved from work and all responsibility for performing work by the motor carrier. 9/25/2018 www.texastrucking.com 13
Qualifies as PC Commuting between the driver s terminal and his or her residence, between trailer-drop lots and the driver s residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work must allow the driver to obtain rest (8/10 hours) 9/25/2018 www.texastrucking.com 14
Qualifies as PC Time spent traveling to a nearby, reasonable, safe location to obtain rest after loading or unloading. The time driving under PC must allow the driver to obtain required rest The resting location must be the first such location reasonably available 9/25/2018 www.texastrucking.com 15
Qualifies as PC Moving a CMV at the request of a safety official during a driver s off-duty time 9/25/2018 www.texastrucking.com 16
Qualifies as PC Time spent traveling in a motorcoach without passengers to en route lodgings 9/25/2018 www.texastrucking.com 17
Qualifies as PC Time spent transporting personal property while off-duty 9/25/2018 www.texastrucking.com 18
Qualifies as PC Authorized use of a CMV to travel home after working at an offsite location. 9/25/2018 www.texastrucking.com 19
Examples That Do Not Qualify as PC 9/25/2018 www.texastrucking.com 20
Does Not Qualify as PC Movement to enhance the operational readiness of the motor carrier. Such as bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled carrier destination 9/25/2018 www.texastrucking.com 21
Does Not Qualify as PC After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the carrier to pick up another towed unit. 9/25/2018 www.texastrucking.com 22
Does Not Qualify as PC Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load. Repositioning a CMV (tractor or trailer) at the direction of the motor carrier. 9/25/2018 www.texastrucking.com 23
Does Not Qualify as PC Time spent driving a passenger carrying CMV while passengers are on board. 9/25/2018 www.texastrucking.com 24
Does Not Qualify as PC Time spent transporting a CMV to a facility to have maintenance performed. 9/25/2018 www.texastrucking.com 25
Does Not Qualify as PC After being placed OOS for exceeding the max periods permitted under part 395, time driving to a location to obtain rest, unless so directed by an enforcement officer at the scene. 9/25/2018 www.texastrucking.com 26
Does Not Qualify as PC Time spent traveling to a motor carrier s terminal after loading or unloading from a shipper or a receiver. 9/25/2018 www.texastrucking.com 27
Does Not Qualify as PC Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage. 9/25/2018 www.texastrucking.com 28
FMCSA Enforcement Memo On May 30, 2018 FMCSA issued an enforcement memo to Federal and State safety officials This memo stated that enforcement should consider two main questions in determining PC during a roadside inspection 9/25/2018 www.texastrucking.com 29
FMCSA Enforcement Memo Is the driver relieved from all work responsibilities by the motor carrier? Are the trip and destination personal in nature? If the answer is yes for both questions, the trip is likely an appropriate use of the CMV for PC 9/25/2018 www.texastrucking.com 30
PC Enforcement Drivers are still subject to inspection when they are in personal conveyance All other regulatory requirements apply to a driver and the truck when operated under personal conveyance (maintenance, driver qualification, including possession of alcohol, etc.) 9/25/2018 www.texastrucking.com 31
PC Enforcement If stopped for inspection, the driver will need to go into onduty/not-driving status Fueling, trip inspections, etc. must be logged as on-duty/not driving during a personal conveyance Cannot be used to extend a day Cannot be used to forward the load 9/25/2018 www.texastrucking.com 32
Agricultural Guidance There are three main areas of concern Operating empty within the 150 air-miles radius Operating beyond the 150 air-miles radius Determining the source 9/25/2018 www.texastrucking.com 33
395.1 Question 34 Does the Ag commodity exemption (395.1(k)) apply to drivers while driving unloaded within 150 air-miles of the place where the agricultural commodity will be loaded and returning unloaded? 9/25/2018 www.texastrucking.com 34
Yes, provided that the trip does not involve transporting any non-agricultural commodity and the sole purpose is to make a pick-up or delivery of Ag commodities. In that case, driving and on-duty time are not limited, nor do other requirements of Part 395 apply. 9/25/2018 www.texastrucking.com 35
395.1 Question 35 Does the agricultural commodity exception apply if the destination for the commodity is beyond the 150 air-miles radius from the source? 9/25/2018 www.texastrucking.com 36
Yes, the exception applies to transportation during the initial 150 air-miles from the source of the commodity, regardless of the distance to the final destination. 9/25/2018 www.texastrucking.com 37
395.1 Question 36 How is the source of the Ag commodities in 395.1(k) determined? 9/25/2018 www.texastrucking.com 38
The source is determined as the point at which an Ag commodity is loaded onto an unladed CMV. The location may be any intermediate storage of handling location away from the original source at the farm or field provided the commodity retains its original form. 9/25/2018 www.texastrucking.com 39
A new source can be established once all of the original commodities have been unloaded. 9/25/2018 www.texastrucking.com 40
395.1 Question 37 How is the source of the Ag commodities determined if the driver makes multiple pick-ups of the commodity en route to the final destination? 9/25/2018 www.texastrucking.com 41
Use of Registered Weight On June 1, 2018 TXDPS published a rule change that removed the use of registered weight in determining the applicability of the Federal Regulations 9/25/2018 www.texastrucking.com 42
Only GVWR or actual weight can be used, whichever is the highest A DataQ should be considered for any vehicle(s) that have been placed under the Federal Regulations by registered weight only since June 1, 2018 9/25/2018 www.texastrucking.com 43
TXTA members are encouraged to reach out to the association for assistance with regulatory questions 9/25/2018 www.texastrucking.com 44